Australian Securities and Investments Commission v MyWealth Manager Financial Services Pty Ltd (No 2) [2019] FCA 2107

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v MyWealth Manager Financial Services Pty Ltd (No 2) [2019] FCA 2107 File number: QUD 707 of 2019

Judge: DERRINGTON J

Date of judgment: 13 December 2019

Catchwords: CORPORATIONS – interlocutory application for appointment of receivers, restraints and travel bans – alleged unregistered managed investment scheme – ASIC investigation – most orders not opposed – whether evidence demonstrates that ASIC investigation is "in relation to an act or omission by a person, being an act or omission that constitutes or may constitute a contravention" – appropriateness of making other orders sought and not opposed

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth), s 1323 Federal Court of Australia Act 1976 (Cth), s 23 Companies (WA) Code, s 573(1) Crimes Act 1958 (Vic)

Cases cited: Australian Securities and Investments Commission v Adler (2001) 38 ACSR 266 Australian Securities and Investments Commission v Banovec (No 2) [2007] NSWSC 961 Australian Securities and Investments Commission v Burke [2000] NSWSC 694 Australian Securities and Investments Commission v Burnard (2007) 64 ACSR 360 Australian Securities and Investments Commission v Carey (No 3) (2006) 232 ALR 577 Australian Securities and Investments Commission v Carey (No 14) [2007] FCA 310 Australian Securities and Investments Commission v CFS Private Wealth Pty Ltd (2018) 129 ACSR 171 Australian Securities and Investments Commission v Krecichwost (2007) 64 ACSR 411 Australian Securities and Investments Commission v Wong [2010] FCA 649 Connell v National Companies and Securities Commission (1989) 1 ACSR 193 Gore v Australian Securities and Investments Commission (2017) 249 FCR 167 Jones v Dunkel (1959) 101 CLR 298 Yorke v Lucas (1985) 158 CLR 661